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What Should Florida Guardianship Attorneys Know About Sumner Redstone’s Guardianship Trial?

Uncategorized • May 9, 2016
post about What Should Florida Guardianship Attorneys Know About Sumner Redstone’s Guardianship Trial?

What do Florida families and guardianship attorneys West Palm Beach need to know about the Sumner Redstonecase? How can you avoid a guardianship trial Boca Raton? What will the guardianship judge rule in Mr. Redstone’s matter? 

Judge May Decide Today

  • If you are not familiar with the mental competency lawsuit that Sumner Redstone has been facing from his ex-girlfriend, Ms. Herzer, click here to read our original blog about it.
  • According to Florida Statute 732.501, a testator must be “of a sound mind” when executing or amending a Florida will or trust.
  • What does that mean?
  • At the time of the estate plan change, a person must have, in general, understood the “nature and extent of property to be disposed of and testator’s relation to those who would naturally claim a substantial benefit from will, as well as general understanding of practical effect of will as executed. “In re Wilmott’s Estate, 66 So. 2d 465(Fla. 1953), 40 A.L.R. 2d 1399.
  • Ms. Herzer is claiming that Mr. Redstone lacked mental capacity when he changed his estate plan.
  • If you ask any probate litigator or guardianship attorney, they will tell you that, in Florida, family members or spouses frequently disagree with who was appointed in health documents that had been drafted.
  • In addition, people often name significant others or family members in health documents or estate planning documents, and then later wish to change them.
  • Here, Mr. Redstone had a healthcare document where he  named his companion at the time, Ms. Herzer.
  • Last week, Mr. Redstone’s had a deposition video taped through the help of an interpreter.
  • Evidentially, this video was viewed by the guardianship judge on Friday who said that he expects to make a decision regarding this case early this week.
  • Will Mr. Redstone’s guardianship case be dismissed?

What do Florida family members need to know about guardianship matters Delray Beach?

  • A guardianship attorney Boca Raton will probably tell you that you may be able toavoid a guardianship if you have a proper Florida estate plan.
  • If you have a revocable trust, durable power of attorney, health care documents or healthcare surrogates, you can legally avoid a guardianship if those estate planning documents adequately address your needs.
  • However, many times family members or friends go into guardianship court West Palm Beach and argue about these documents, which is what happened in Mr. Redstone’s case.
  • Do you have the ability to question someone’s Florida estate plan or guardianshipmatter?
  • A person must be an interested party to participate in a Florida guardianship hearing.
  • What is an interested party in a guardianship case Boca Raton?
  • It depends on very specific facts.

Want to know more about Florida probate litigation? Consider these free resources: